Administration lawyers are citing the partial government shutdown as they ask judges to delay some cases, including a lawsuit on whether President Trump has profited illegally while in office.
Lawyers for the administration asked a judge on Wednesday to delay all future deadlines in a lawsuit in which plaintiffs accuse Trump of violating the Emoluments Clause of the Constitution by accepting payments from foreign governments through his Trump International Hotel in Washington, D.C.
{mosads}”Department of Justice [DOJ] attorneys and employees are prohibited from working, even on a voluntary basis, except in very limited circumstances, including ‘emergencies involving the safety of human life or the protection of property’ ” during shutdowns, DOJ attorneys told the court in a filing.
“Undersigned counsel for the Department of Justice therefore requests a stay of all deadlines in this case until Congress restores funding to the Department.”
In other federal cases across the country, attorneys representing migrants accused of crossing the border illegally also found immigration hearings postponed without warning following a decision from the Department of Justice’s Executive Office of Immigration Review (EOIR).
Law and Crime reports that Wednesday morning EOIR sent out a notice stating that cases “will be reset for a later date after funding resumes.”
“Immigration courts will issue an updated notice of hearing to respondents or, if applicable, respondents’ representatives of record for each reset hearing,” the statement continued.
On social media, immigration attorneys complained about the lack of notice given to themselves or their clients about the change in case scheduling due to the shutdown.
“It really is ridiculous. The only notice I’ve seen is on @DOJ_EOIR regarding Christmas eve and then that dense DOJ contingency plan posted on the courts’ site,” Asian Law Caucus attorney Kevin Loh wrote on Twitter.
“If it wasn’t for connecting with other attorneys on Twitter and calling the court myself, I’d have no clue what’s going on @DOJ_EOIR,” added Kishen Barot, an attorney with the African Hispanic Immigration Organization (AHIO).